Abercrombie & Fitch, Inc.; Analysis to Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 9923039]

Abercrombie & Fitch, Inc.; Analysis to Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged

violations of federal law prohibiting unfair or deceptive acts or

practices or unfair methods of competition. The attached Analysis to

Aid Public Comment describes both the allegations in the draft

complaint that accompanies the consent agreement and the terms of the

consent order--embodied in the consent agreement--that would settle

these allegations.

DATES: Comments must be received on or before May 26, 1999.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT: Carol Jennings, FTC/S-4302, 600

Pennsylvania Avenue, N.W., Washington, D.C. 20580, (202) 326-3010.

SUPPLEMENTARY INFORMATION: Purusant to Section 6(f) of the Federal

Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46, and Section 2.34 of

the Commission's Rules of Practice, 16 CFR 2.34, notice is hereby given

that the above-captioned consent agreement containing a consent order

to cease and desist, having been filed with and accepted, subject to

final approval, by the Commission, has been placed on the public record

for a period of sixty (60) days. The following Analysis to Aid Public

Comment describes the terms of the consent agreement, and the

allegations in the complaint. An electronic copy of the full text of

the consent agreement package can be obtained from the FTC Home Page

(for March 16, 1999), on the World Wide Web, at ``http://www.ftc.gov/

os/actions97.htm.'' A paper copy can be obtained from the FTC Public

Reference Room, Room H-130, 600 Pennsylvania Avenue, NW, Washington, DC

20580, either in person or by calling (202) 326-3627.

Public comment is invited. Comments should be directed to: FTC/

Office of the Secretary, Room 159, 600 Pennsylvania Avenue, NW,

Washington, DC 20580. Two paper copies of each comment should be filed,

and should be accompanied, if possible, by a 3\1/2\ inch diskette

containing an electronic copy of the comment. Such comments or views

will be considered by the Commission and will be available for

inspection and copying at its principal office in accordance with

Section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR

4.9(b)(6)(ii).

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission has accepted, subject to final

approval, an agreement to a proposed consent order from respondent

Abercrombie & Fitch, Inc.

The proposed consent order has been placed on the public record for

sixty (60) days for reception of comments by interested persons.

Comments received during this period will become part of

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the public record. After sixty (60) days, the Commission will again

review the agreement and the comments received and will decide whether

it should withdraw from the agreement and take other appropriate action

or make final agreement's proposed order.

This matter concerns practices related to the sale of textile and

wool products by means of a print catalog. The Commission's complaint

charges that respondent violated the Federal Trade Commission Act, 15

U.S.C. 41 et seq., the Textile Fiber Products Identification Act, 15

U.S.C. 70 et seq., by failing to disclose in its catalogs whether

products offered for sale were made in the U.S.A., imported, or both.

Part I of the proposed consent order prohibits future violations of

the Textile Fiber Products Identification Act, the Wool Products

Labeling Act, and Commission rules and regulations, found at 16 CFR

Parts 303 and 300, respectively, implementing the requirements of those

statutes.

Part II of the proposed order requires the respondent, for five

years after the date of issuance of the Order, to maintain records

demonstrating compliance with the Order, including: (a) copies of mail

order catalogs and mail order promotional materials, as defined in 16

CFR 303.1(u) and 300.1(h), that offer textile and/or wool products for

direct sale to consumers; and (b) complaints and other communications

with consumers, government agencies, or consumer protection

organizations, pertaining to country-of-origin disclosures for textile

and/or wool products.

Part III of the proposed order requires the respondent to

distribute copies of the order to certain company officials and

employees. Part IV of the proposed order requires the respondent to

notify the Commission of any change in the corporation that may affect

compliance obligations under the order. Part V of the proposed order

requires the respondent to file one or more compliance reports. Part VI

of the proposed order is a provision whereby the order, absent certain

circumstances, terminates twenty years from the date of issuance.

The purpose of this analysis is to facilitate public comment on the

proposed consent order. It is not intended to constitute an official

interpretation of the agreement and proposed order or to modify in any

way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc 99-7402 Filed 3-25-99; 8:45 am]

BILLING CODE 6750-01-M